Question about EFCA

[doc03]

From what I hear under the EFCA the (employee) can chose card check or a secret ballot. My question is, is it up to the individual or do the employees take a show of hands vote or does the Union organizer decide how they vote. For instance if your Union organizer comes to you to sign the card can you say no I want a secret ballot? Do they turn in the cards people sign in favor of the Union then hold an election for those who want the secret ballot or does it have to be either one or the other? I guess my question would be how is the voting process determined, buy the (employee), buy the (employees) or by the Union organizer?

[billyoc]

1. BY the employees.

[doc03]

2. That still doesn't answer the question. How

do the employees choose? The reason I ask is my Fox News junkie Republican friends were going off on this this morning, they were claiming it would eliminate the secret ballot. I said no that is not true that the employee could choose how he wanted to vote, they say I am wrong and I know I am right. But then I am wondering just how that is done. Get this, every one of them is either a Union member or a retired Union member but they don't think Walmart should have a Union, prices will go up.

[billyoc]

3. Get new friends.

[doc03]

4. You can't answer the question or don't want to? n/t

[billyoc]

7. I did.

[doc03]

9. No you didn't. Lets try this again

someone is trying to organize a Union were I work do the employees get together as group and take a show of hands vote on what procedure they will follow or does the organizer tell them or does each individual chose whatever he wants? Your answer was the employees, that doesn't tell me anything about the process.

[Enrique]

6. no, keep the friends and turn them into democrats

it's been known to happen! :bounce:

[doc03]

8. Ain't no way they are brainwashed by the Right

Wing media it's like being bitten by Dracula there is no hope for them.

[Enrique]

5. I was wondering about that myself

from this, it sounds like it would have to be a petition process:

http://www.ufcw.org/issues/employee_free_choice_act/q_and_a_on_efca/index.cfm

No. If one-third of workers want to have an NLRB election at their workplace, they can still ask the federal government to hold an election. The Employee Free Choice Act simply gives them another option—majority sign-up.

[Earth Bound Misfit]

10. Maybe this will answer your question.

The Employee Free Choice Act proposes to amend the National Labor Relations Act, now incorporated into the U.S. Code as 29 U.S.C. §§ 151-169.

In general, EFCA purports to do three things: to streamline union certification (section 2); to facilitate initial collective bargaining agreements (section 3); and to strengthen enforcement (section 4).

Section 2 of EFCA amends Section 9(c) of the National Labor Relations Act (a.k.a. 29 U.S.C. 159(c)) and makes small conforming amendments to related passages elsewhere in the NLRA. Currently Section 9(c) consists of five sections governing when the National Labor Relations Board (NLRB) shall conduct hearings as to whether "a question of representation affecting commerce" exists between an employer and its employees. Inter alia it provides, in subsection 1B, that


"If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.


EFCA would add two new subsections to Section 9(c):

SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:

(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other (union or individual is) the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).

`(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--

`(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

`(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.

Here's a thought....why not READ THE BILL? :think: :

Google is your TRUE "friend"...

[iamtechus]

11. In real life, this is how it will work

A union organizer will come to you and say, "we're trying to organize a union. If 51% of us sign cards like this , we won't have to have an nlrb election". You hem and haw around and waste some of his time with your whining and he says, "OK, if we don't get enough for a card-check I'll come back to see you". Duh!

One advantage of a card check is that employees can quickly accomplish their goal of having a union before the bosses have time to hire union busters and start firing organizers. Organizers going for a card-check don't have time to mess around. Decide what you're going to do before they ask you to sign the card.

[Earth Bound Misfit]

12. EXACTLY. Organizers can ill afford being accused

of the "intimidation" tactics the anti-EFCA groups allege will be "commonplace". EFCA proposes:

`(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--

`(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

`(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.

Edit spelling

[doc03]

13. Gee what makes this so hard to answer? What I read

in a summary of the bill is it "allows employees to choose a secret ballot process to elect union representation if they do not desire a card-check petition". (From Wikipedia under Card Check, Current an Proposed law) I will try to make this as simple as I can, if the union organizer comes to me and says "we're trying to organise a union if 51% of us sign cards like this, we won't have to have a NLRB election". I say I won't sign your card because of possible intimidation from the Union or the Company, but I would be more than happy to vote by secret ballot. Can I vote by secret ballot? If not the EFCA doesn't really allow employees to (choose) a secret ballot or a card check as claimed. Who decides what process is used me the employee or the Union organizer?

[Omaha Steve]

14. You can choose election on the card

You not the company decide if YOU want simple card check or a secret vote. But IF 51% or more choose card check, the union is in. So there would be no election. There are also new penalties in the bill for companies that break the neutral rule. here are also steps to a first contract. Currently the company stalls and offers crap to the union. After a year of delays, the union can no longer represent the company. Back to organizing all over again.

OS

[doc03]

15. OK, is there a limit on the time the organizer

has to complete the card check? Can an organizer come in and start the card check process and drag it out for months until he gets the number he needs?

[doc03]

16. If that's the case I don't know if I could support it

Here is why, when I was 16 I worked in a motel/restaurant and another employee told me they were trying to start a Union and asked me to come to a meeting that evening. Well I was just a high school kid I didn't know anything much about or care anything about unions, I had other priorities at that age. Well I didn't go to the meeting and the next day a couple people made remarks to me about it and from then on I was harassed until I just had to quit the job. When I told the assistant manager I was quitting he asked me why and he said I was a good worker, I think he suspected why but I didn't say. If it is the way you say a union organizer could collect card signatures for months and for those that chose not to sign it they would be put in a position to be harassed and intimidated by other employees until they got the signatures they needed. If you would would come up with a law that if a Union wanted to organize that they had say 3 days to either collect enough signatures or hold a secret vote I could support that. That doesn't give the other employees time to make life miserable for you or give the company time to brainwash or intimidate you.

[Earth Bound Misfit]

17. Good Luck with that

[Omaha Steve]

18. You could...

I'm sorry for the delayed response. My PC died a couple days ago with a nasty virus. There is a time limit. At the end of the limit the union starts all over. You could mark private ballot and sign the card. That gives you time to decide.